[HISTORY: Adopted by the Special Town Meeting of the Town of Griswold 4-22-2004. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 198, Solid Waste, adopted by Special Town Meeting 2-7-1991.
The accumulation, collection, removal, and disposal of solid wastes must be controlled by the Town for the protection of the public health, safety, and welfare. It is consequently found and declared that:
The Town is authorized by law to regulate the disposition of solid wastes generated within its boundaries, to collect a charge therefor, and to license solid waste collectors;
The Town is also authorized by Connecticut General Statutes § 22a-220a to designate the area where solid wastes generated within its boundaries shall be disposed;
The Town has executed a municipal solid waste management services contract with the Southeastern Connecticut Regional Resources Recovery Authority (SCRRRA), including an Amendment No. 5 to such municipal solid waste management services contract (collectively with such Amendment No. 5, the MSA). The MSA defines the system (the SCRRRA system) to include the solid waste disposal and resource recovery facility located in Lisbon, Connecticut, and operated by Wheelabrator Lisbon Inc., or its successors or assigns (the SCRRRA facility) pursuant to a solid waste disposal agreement between SCRRRA and Wheelabrator Lisbon Inc. (the Wheelabrator agreement), and designates the SCRRRA facility as the “facility” within SCRRRA system. Pursuant to the MSA, the Town has agreed to deliver or cause to be delivered all solid waste (as defined in the MSA) generated within the corporate boundaries of the Town to the SCRRRA system as directed by SCRRRA for ultimate delivery to the SCRRRA facility for disposal, subject to and in accordance with the Wheelabrator agreement;
The Town seeks to encourage the recycling of appropriate solid wastes and other methods to reduce the volume of solid waste generated within its boundaries; and
The enactment of this chapter is in furtherance of the Town's Solid Waste Management Plan.
Except as otherwise provided by any applicable state laws or regulations, this chapter shall apply to all solid wastes accumulated, collected, removed, and disposed of within the territorial limits of the Town of Griswold. In addition, no person may bring into the Town for storage or disposal any solid wastes generated outside the territorial limits of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- BULKY WASTE
- Land-clearing debris and waste resulting directly from demolition activities, other than clean fill.
- COMMERCIAL FOOD SOLID WASTE
- Wastes from the preparation, cooking and consumption of food; condemned food products; and all solid waste that is produced by the handling, storage, preparation and sale of produce and that originates primarily in commercial kitchens, stores, restaurants, food markets and factories.
- CONSTRUCTION AND DEMOLITION WASTE
- The waste building materials or packaging resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, and other structures, excluding asbestos, clean fill as defined in regulations adopted under § 22a-209 of the Connecticut General Statutes, or solid waste greater than de minimis quantities, as determined by the Commissioner of Environmental Protection, of radioactive material regulated pursuant to § 22a-148 of the Connecticut General Statutes, hazardous waste as defined in § 22a-115 of the Connecticut General Statutes, and liquid and semiliquid materials, including but not limited to adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars.
- HAZARDOUS WASTE
- Any wastes defined as hazardous wastes in § 22a-115 of the Connecticut General Statutes, including but not limited to explosives; pathogenic or pathological wastes; radioactive wastes; cleaning fluids, acids, poisons, medicines or other chemical wastes which either create an immediate safety hazard to persons disposing of the waste or which by virtue of their chemistry and/or the method of disposal present a threat to the quality of ground/surface waters; and hospital operating room wastes.
- LAND-CLEARING DEBRIS
- Trees, stumps, branches, or other wood generated from clearing land for commercial or residential development, road construction, routine landscaping, agricultural land clearing, storms, or natural disasters.
- An individual person, partnership, association, company, corporation, limited liability partnership, limited liability company, or other legal entity.
- PROCESSED CONSTRUCTION AND DEMOLITION WOOD
- The wood portion of construction and demolition waste that has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel, as defined in § 22a-209a of the Connecticut General Statutes, and wood which contains creosote or to which pesticides have been applied or which contains hazardous waste.
- RECYCLABLE MATERIALS
- Materials designated for recycling by the Commissioner of Environmental Protection pursuant to § 22a-241b of the Connecticut General Statutes, and any other materials that have been so designated by the Superintendent, as approved by the Board of Selectmen.
- SOLID WASTE
- Unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility.
- SOLID WASTE COLLECTOR
- Any person who or which is held out for hire to collect solid waste.
- The Superintendent of Public Works of the Town.
- The Town of Griswold, Connecticut.
The Board of Selectmen is hereby authorized to enact from time to time such regulations, consistent with this chapter, as it shall deem in the public interest and as may be allowed by the Connecticut General Statutes regarding the separation, recovery, collection, removal, storage, preparation, and disposition of solid waste and recyclable materials, including but not limited to any applicable fees and fines. Such regulations shall become effective immediately upon passage, shall be published immediately after passage in a local daily newspaper, and shall be immediately posted in a conspicuous place in the Town Hall and at disposal sites, designated as such by the Superintendent, that are within the Town.
License required. No person may collect or dispose of solid wastes generated in the Town without a license, except that the actual producers of solid waste or the owners of premises in the Town upon which solid waste has accumulated may personally collect and dispose of such solid wastes at such places as the Superintendent may designate.
Licensing authority designated. The Superintendent shall be the licensing authority for solid waste collectors. The Superintendent shall grant a license within a reasonable time following the filing of proper application and payment of the prescribed fee unless he or she finds one or more of the following conditions to prevail:
The applicant has been irresponsible in conduct of solid collection or hauling operations based upon previous suspensions and/or revocations of licenses or based upon violation of any regulations enacted by the Board of Selectmen.
The applicant lacks suitable equipment with which to collect solid waste in a safe and nuisance-free manner and in compliance with this chapter.
The applicant lacks adequate liability insurance.
Revocation or suspension of license. A license to engage in solid waste collection and to use any waste disposal or processing facilities provided by the Town is a privilege, not a right. Failure to comply with the provisions of any license issued under the provisions of this chapter may result in revocation and/or suspension of the license in addition to any other penalty imposed by law.
Superintendent's responsibilities. The Superintendent shall administer the licensing of any solid waste collector engaged in the collecting and transporting of solid waste in the Town. The Superintendent shall also regulate the solid waste collectors' responsibilities and obligations in the disposal of any solid waste generated in the Town. The Superintendent shall regulate solid waste collectors in accordance with § 22a-220a of the Connecticut General Statutes.
Covered vehicles required. Solid waste collectors shall use only covered vehicles for the collection and transportation of all solid wastes. No vehicle transporting solid waste to any Town facility shall be allowed entry into the facility unless it is covered. Vehicles that are designed specifically for the collection and transportation of solid waste shall not be deemed to be uncovered if they are open only at the rear.
The owner of each premises upon which solid waste is created or generated shall provide, at a suitable place upon such premises, sufficient receptacles for receiving and holding such solid waste during the intervals between collections. Solid waste containers shall be maintained in good condition, free of holes and fissures, and shall be equipped with securely fitting covers. Recyclable material containers do not require securely fitting covers.
Placement into containers. No person shall place any solid waste in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Town unless the waste is placed in proper containers or otherwise properly prepared for collection or unless express approval is granted by the Superintendent. No person shall throw or deposit any solid waste in any stream or body of water.
Uncontained accumulations of solid waste. Any uncontained accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any such accumulation of solid waste within 10 days after written notice from the Superintendent by registered mail shall be deemed a violation of this chapter.
Scattering of solid waste. No person shall cast, place, sweep, or deposit anywhere within the Town any solid waste in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley, sewer, parkway, or other public place, or into any occupied premises.
Illegal dumping. No person shall dispose of solid waste in a receptacle rented or owned by another person. No person shall contaminate a receptacle designated for recycling by disposing of nonrecyclable solid waste in such a receptacle. No person shall dispose, within the Town, of any solid waste generated outside the territorial limits of the Town of Griswold.
Waste originating outside of the Town. No solid waste originating outside of the Town of Griswold may be brought into the Town for other than temporary storage for later disposal at a licensed public or private facility located outside of the Town of Griswold. For the purpose of this subsection, "temporary storage" shall be defined as storage at a particular location for not more than four hours.
Other nuisances. Any accumulation of solid waste that is declared to be a nuisance or health hazard by the Director of Health, whether or not such accumulation is contained, is prohibited. The Director of Health, upon the declaration of a health hazard or nuisance, shall issue the owner of the property on which the solid waste has accumulated a notice of such declaration. Failure to remove any such accumulation of solid waste within 10 days after written notice from the Director of Health by certified mail shall be deemed a violation of this chapter. Upon failure by the property owner to remove such accumulation within the 10 days of written notice, the Director of Health shall issue an order to the Town to clean up and remove said accumulation. The property owner shall be billed for the full cost of such cleanup and removal, and a lien may be placed on the property for such costs to the extent allowed by law.
Transportation of solid waste. All vehicles transporting solid waste to a disposal or transfer facility must be covered to prevent such waste from being blown or ejected from the vehicle. No vehicle that fails to comply with this provision shall be allowed to enter any Town disposal or transfer facility.
All solid waste generated in the Town shall be delivered or caused to be delivered to the SCRRRA system for so long as the MSA remains in effect, as directed by SCRRRA and for the ultimate delivery to the SCRRRA facility. To the extent any such solid waste is not acceptable for disposal at the SCRRRA facility, such unacceptable solid waste shall be delivered or caused to be delivered to such other facility designated by SCRRRA, including the Town’s transfer facility. After the MSA is no longer in effect, the Board of Selectmen shall designate the facility for the delivery of solid waste generated in the Town. The person delivering solid waste to the SCRRRA facility or other designated place shall pay any applicable disposal charge. All regulations of the Town and any direction or designation by the Board of Selectmen about the disposal of solid waste generated in the Town shall be consistent with this Subsection H of § 198-7.
It shall be unlawful for any person, firm, or corporation to place hazardous wastes or similarly dangerous substances into any solid waste container or to transport any such substance to any place designated for the lawful disposal or delivery of bulky waste or other solid wastes.
Construction or demolition wood generated at a residence, other than wood that has been pressure-treated or that otherwise contains arsenic, furniture, mattresses and rugs, or any such waste that has been crushed, chipped, shredded, or otherwise processed, may be accepted at any properly permitted facility for the disposal of bulky waste, resources recovery facility, or municipal solid waste landfill.
Separation of materials; collection. Recyclable materials shall be separated from other solid wastes, prepared for collection, and placed at the curb or other designated collection places for collection on the days designated by the Superintendent in accordance with the regulations established by the Board of Selectmen.
Separation at nonresidential premises. The owners or operators of multifamily housing units, and commercial, industrial, or other nonresidential premises where solid waste is created or generated shall provide sufficient areas and receptacles on the premises for convenient separation and storage of recyclable materials. Recycling receptacles must be clearly labeled as being for recyclable only and must be a different color from solid waste containers used for other solid wastes.
Except as may be provided in § 198-12 of this chapter, any violation of the terms of this chapter shall be deemed an infraction and shall be punishable by a fine of not more than $90 for each offense. The Board of Selectmen shall establish a schedule of fines for such infractions. Each infraction shall be a separate and distinct offense and, in case of a continuing infraction, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, the Town of Griswold, or its agent, reserves the right to refuse or to allow disposal in a landfill or other designated locations utilized by the Town of Griswold where the provisions of this chapter or the regulations enacted hereunder are ignored. The Board of Selectmen shall have full discretionary authority in deciding all disputed questions arising under the provisions of this chapter or the regulations enacted hereunder.
During the sixty-day period immediately following the effective date of this § 198-12, generators of waste found to be in violation of § 198-10 of this chapter, or of any regulations or requirements for presorting recyclables developed under this chapter, shall be notified of the violation(s):
Following the sixty-day period set forth in Subsection A, recyclable materials from any waste generator for whom there exists a reasonable opportunity to recycle will no longer be accepted at any disposal facility contracted by the Town.
Solid waste collectors shall not collect waste from waste generators in violation of presorting requirements.
Fines may be assessed for the disposal of any solid waste from which recyclable materials have not been properly sorted in accordance with the following schedule:
Contracted waste and materials haulers who, in accordance with these regulations, refuse to collect from a waste generator who violates presorting requirements will notify the landfill supervisor, no later than the next working day, for action by the Town against the violator. The party whose waste was not collected will be held in violation of this chapter and subject to the following fines:
Individuals and private businesses delivering their own waste will place recyclable materials in appropriate containers provided at the Town recycling area.
All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
This chapter and various parts, sentences, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby.